WORKPLACE RELATIONS ACT 1996 - SECT 346Z Workplace Authority Director must test varied agreement

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 346Z

             (1)  If an employer lodges a variation of a workplace agreement under section 346W, the Workplace Authority Director must decide under this section whether the workplace agreement as varied passes the no‑disadvantage test set out in section 346D.

Note:          See subsection 346J(1) for how the Workplace Authority Director makes decisions under this section.

             (2)  If the Workplace Authority Director decides under subsection (1) that a workplace agreement as varied passes the no‑disadvantage test, or that it does not pass the no‑disadvantage test, the Workplace Authority Director must notify the following of the decision:

                     (a)  the employer in relation to the workplace agreement;

                     (b)  if the workplace agreement is an ITEA--the employee whose employment is subject to the ITEA;

                     (c)  if the agreement is a union greenfields agreement, or a multiple‑business agreement that would be a union greenfields agreement but for subsection 331(1)--the organisation or organisations bound by the agreement.

             (3)  The notice must be in writing and must specify:

                     (a)  the date of issue of the notice; and

                     (b)  if the workplace agreement as varied passes the no‑disadvantage test:

                              (i)  that the workplace agreement continues in operation; and

                             (ii)  that the workplace agreement was varied by way of a variation or a written undertaking, as the case may be; and

                            (iii)  that the employee or employees whose employment is, or was at any time, subject to the workplace agreement are, on and from the seventh day after the date of issue specified in the notice, entitled to any compensation payable to the employee or employees under section 346ZG; and

                     (c)  if the workplace agreement as varied does not pass the no‑disadvantage test:

                              (i)  that, if the workplace agreement was in operation immediately before the seventh day after the date of issue specified in the notice--the agreement ceases to operate on that day; and

                             (ii)  that the employee or employees whose employment was at any time subject to the workplace agreement are, on and from that day, entitled to any compensation payable to the employee or employees under section 346ZG.

Note:          Section 346ZH requires the employer to inform the employees concerned of the contents of the notice under this section in relation to a collective agreement.